MATHEW Vs. NALINI

JUDGEMENT

(1.) This is a petition under S.482 of the Code of Criminal Procedure to quash the complaint in CC 147/86 Court of Additional Judicial Magistrate of First Class Kozhikode. Only one of the accused is before this court, though the prayer is to quash the complaint. The complaint was filed by the respondent, an advocate of the Kozhikode Bar. Accused are a newspaper 'Malayala Manorama', its Chief Editor, Printer and Publisher and Correspondent Kalpetta.

(2.) A news item appeared in the Malayala Manorama dated 29-4-86, entitled "accused vanished, lady advocate chased away by public". The material on record shows that the complainant was appearing for one Balakrishnan, accused in a murder case. He was enlarged on bail. Sureties were shown as one Chandu and Neelakantan. Subsequently, Chandu and Neelakantan appeared before court and stated that they were not the sureties, that somebody impersonated them, and that they were not possessed of any properties.

(3.) Meanwhile, one of the witnesses in the case moved the court of Session by Crl. MP 640/84 to cancel the bail granted to Balakrishnan, on the ground that be had threatened witnesses with dire consequences, if they deposed against him. By orders dated 13-8-84 in Crl. MP 640/84, bail was cancelled. Balakrishnan then absconded.